To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This article interrogates the moral inflation latent in socialization programmes that court combatants’ compliance with international humanitarian law (IHL) through moral character-building identity projects but neglect the unique logic of IHL as an emergency brake on total destruction and elide the liminal subjectivity of combatants on this precipice. The article begins by uncovering two divergent views on combatants’ subjectivity that underpin different approaches to influencing their conduct: one views combatants as functionaries and advocates hardwiring IHL into commands and policies to build shortcuts to combatants’ pre-reflective self-consciousness, while the other views combatants as reflective individuals and aims for their internalization of the ethical values underpinning IHL as a more durable way of promoting restraint. The article then examines the radical potential of combatants’ self-conscious exercise of their existential freedom in war, explores the limits of the use of “identity” inculcation to rein in this freedom, and demonstrates how IHL compliance could itself be an expression of combatants’ authenticity in an existential sense through acknowledging their inherently limited subjectivity as “enemies by accident” in war.
Chapter three develops the concept of corporate ordering as a general framework for understanding how corporations govern social conflict. Corporate ordering refers to internal systems that allow firms to make rule-like decisions that affect large populations under conditions of disagreement and uncertainty.
The chapter introduces a tripartite framework consisting of rule formation, executive decision-making, and monitoring. Each function addresses a different governance challenge. Rule formation allows firms to set standards before conflicts arise. Executive decision-making implements those standards in real time through choices that require justification. Monitoring evaluates whether practice aligns with principle and enables revision.
The chapter explains why no single mechanism is sufficient. Consultation without monitoring produces symbolic commitments. Disclosure without standards produces inconsistency. Monitoring without authority produces reports without consequences. Corporate ordering emerges when these functions operate together.
Drawing on legal theory and institutional analysis, the chapter distinguishes corporate ordering from regulation, contract, and hierarchy. It argues that corporate ordering is neither a substitute for public law nor a form of private sovereignty. It is a practical response to the limits of existing governance frameworks.
This chapter examines the justiciability of the right to science, identifying historical, conceptual and legal factors that have contributed to its marginalisation. It first addresses the historical evolution of human rights from the unified Universal Declaration of Human Rights into two distinct Covenants, leading to misconceptions around ESC rights’ justiciability. Clarifying the concept of justiciability, the chapter distinguishes between formal justiciability existing mechanisms for adjudication – and material justiciability, concerning clarity and enforceability of the right’s normative content. The analysis systematically challenges misconceptions about ESC rights’ alleged non-justiciability and evaluates contemporary international, regional and national enforcement mechanisms. Highlighting a significant gap between established formal justiciability and underdeveloped material justiciability, the chapter argues for greater definitional clarity regarding the normative content of the right to science, setting the stage for the subsequent chapters which further articulate this right’s substantive elements and promote its practical enforcement.
Enforcement is costly, so sometimes states choose not to enforce their laws. We study this choice under rules and under standards. We show that nonenforcement of rules sends a relatively clear signal about state capacity. Regulated parties can use this information and violate law to some extent with impunity. Nonenforcement of standards sends a noisier signal, and this uncertainty may cause regulated parties to comply with law even though the state lacks capacity to enforce, a surprising implication. According to conventional wisdom, standards are costlier to enforce than rules, meaning a switch from rules to standards should decrease compliance. However, we argue that standards, by obscuring the state’s capacity, can increase compliance. We identify the characteristics of standards that yield these effects, and we show that the logic generalizes to the complexity of law as well as its precision.
Michael Howlett, Simon Fraser University, British Columbia,M Ramesh, National University of Singapore,Anthony Perl, Simon Fraser University, British Columbia
Chapter 8 addresses the implementation stage, where policy decisions and intentions are translated into concrete actions and outcomes. It analyzes the complex interplay among bureaucrats, central agencies, ministries, departments, nongovernmental actors, and street-level bureaucrats. The chapter traces the evolution of implementation studies from top-down and bottom-up perspectives to more nuanced models incorporating organization theory, game theory, and principal–agent theory. It outlines the key administrative tasks (planning, organizing, staffing, directing, coordinating, reporting, budgeting), and discusses the importance of operational capacity, coordination, and accountability mechanisms. The chapter also examines the challenges of securing compliance among target groups and dealing with environmental turbulence, uncertainty, and limited policy capacity. Emphasizing the political as well as technical nature of implementation, it highlights how organizational structures, actor motivations, and institutional context fundamentally affect policy outcomes.
Compliance with epidemic prevention norms has been found to be higher in developing regions than in developed regions; however, the nature and underlying mechanisms remain unclear. We propose that socioeconomic development of environments changes the adaptive benefits of fundamental social motives, especially disease avoidance and familial motives, which shape variations in compliance during pandemics. To examine the effects of these motives on the relationship between socioeconomic environments and compliance, we conducted three studies measuring environmental socioeconomic development with the Human Development Index (HDI). Study 1 (with two datasets: N = 43,244, 53 countries; N = 94,657, 71 countries) revealed a stable negative correlation between country-level HDI and compliance, even after controlling disease severity, government responses, and individualism. Studies 2 (an analysis of social media text data; N = 22,588, 31 provinces) and 3 (a large-sample survey; N = 6,122, 31 cities) replicated this correlation in China at the provincial and city levels, and identified disease avoidance and familial motives as mediators. These findings provide evidence for how socioeconomic environments shape compliance during pandemics, highlight the importance of familial motives alongside disease avoidance, and offer insights into tailoring public health strategies across diverse environments.
The concept of environmental rule of law plays a pivotal role in enhancing the effectiveness of environmental governance by integrating principles of the rule of law into environmental legislation with a nuanced application. Emerging from the recognition of the distinctiveness of environmental law and the stark implementation gap, it seeks to move environmental laws beyond mere legislation to their effective implementation, compliance, and enforcement. Formally acknowledged within the UN system in 2013, the roots of the principles of the rule of law, albeit sporadic, trace back to the 1970s within the realm of environmental law. Gradually, the concept has significantly evolved, gaining global prominence, institutionalization, and ultimately becoming a fundamental guiding pillar in the 2019 Fifth Montevideo Programme for the Development and Periodic Review of Environmental Law. This chapter chronicles the evolution of the concept, delineating its journey from scattered elements to a robust holistic framework. Cognizant that the concept continues to evolve, the chapter underscores critical issues that demand further research to maximize the benefits of the environmental rule of law.
Platforms and legal tech tools have enabled new ways to draft, manage, conclude, and monitor contracts. This chapter will focus on contract performance management tools and automated systems for monitoring contract execution. Thanks to the granularity offered by technology, broader and more detailed monitoring is possible, even at the contract execution phase. These may include using key performance indicators (KPIs), feedback systems to automatically identify performance gaps and compliance verification mechanisms. Introducing tools for monitoring contractual performance may prevent disputes by providing a more precise qualification of non-compliance. Contract performance management tools can also be used in dispute resolution mechanisms, which can intervene in situations where the KPIs have already been identified. After an introduction to some of these tools and solutions and a description of the relevant software, this analysis will examine the effects on contract practices and contract law, focusing mainly on (a) performance determination and non-performance contestation, and (b) monitoring infringements of mandatory rules or policies with contract compliance.
The rapid development of artificial intelligence (AI) presents new challenges and opportunities for the judiciary. This chapter analyses the impact of the EU’s AI Act on the use of AI systems by judicial authorities in Europe, in particular with regard to their classification as high-risk AI systems. In doing so, the chapter examines practical use cases to illustrate the obligations that judicial authorities may face as deployers and providers.
Oral nutritional supplements (ONS) are essential adjuncts in managing malnutrition in hospitalised older people. This study aimed to explore the adherence and palatability of a new porridge supplement (PS) compared to a standard drink-based supplement (DS) in hospitalised older adults. A single-centre multi-method randomised controlled crossover study was conducted on adults aged ≥65 years at risk of malnutrition (Malnutrition Universal Screening Tool score 1–4). Each participant was prescribed PS (16 g protein; 249 kcal) and DS (18 g protein; 306 kcal) twice per day for 4 days in crossover sequence. ONS leftovers were weighed, and adherence calculated (% consumed). Palatability ratings were assessed with a 7-point Likert scale, and interviews were conducted with 9 older adults and 5 staff to explore product acceptability. Twenty-seven older people (mean age 80 years, 17 female) participated. Median daily PS intake (26.31% [IQR 10.23–48.02]) was significantly lower compared to DS (66.8% [IQR 26.29–75.37]), and texture of PS was significantly disliked compared to DS. There were no significant differences in the absolute volume consumed between products, and supplements did not replace normal dietary intake. Changes in physical ability and appetite, the hospital culture (e.g., staff attitudes), and palatability (e.g., thickness and taste) of products influenced ONS acceptability. To improve patient-centred nutritional care, participants requested a wider in-hospital range of food-based supplementation with natural ingredients and enhanced training for staff in nutritional care.
Law and society scholars have examined how nonlegal actors, or “legal intermediaries,” construct the meaning of compliance as they translate law into organizational practice and policy. This article applies the legal intermediaries framework to analyze how higher education professionals navigate federal and state immigration law to mitigate the impact of illegality on undocumented students at the institutional level. We find that staff work within the underdefined, flexible, and often complex dimensions of immigration law by developing “creative solutions,” or university-specific policies and practices that interpret and apply existing legal frameworks in ways that broaden access to opportunities for undocumented students. Staff proceed through four steps within this process: developing an understanding of one’s legal and professional context, implementing and troubleshooting solutions, raising awareness and mobilizing support across and beyond the institution, and institutionalizing workarounds. In the process, staff shape broader understandings and organizational treatment of (il)legality at their respective institutions. Through this analysis, we extend the literature on legal intermediaries to the immigration context. We also refine the processes involved in the organizational intermediation of compliance and identify the set of contextual factors that may facilitate or hinder the creative solutions process within and beyond higher education.
Organizations are often drawn into the contested work of criminal law enforcement. Through compulsory process and mandatory reporting laws, governments routinely conscript organizations such as hospitals, banks, and schools into assisting in surveillance activities whose legitimacy is socially contested. In recent years, conscription has been particularly pronounced with online platform companies, whose extensive collections of user data make them frequent sources of information and evidence for law enforcement agencies. How do actors in platform companies navigate compliance with such contested laws? While neoinstitutional theories of law emphasize how perceived compliance can protect organizational legitimacy, this article shows how perceived compliance with contested laws can also undermine it. Drawing on in-depth interviews with legal and operations staff for platform companies and law enforcement agents, this article explains how perceived compliance with contested laws can give rise to a legitimacy dilemma that organizational actors manage through symbolic ambivalence: compliance practices that signal both an organization’s responsiveness to a law, as well as its independence from the aims, consequences, and institutions associated with the law. The article also suggests organizational and legal conditions that shape how platform actors engage in symbolic ambivalence. These findings extend neoinstitutional theory by showing that the relationship between perceived compliance and legitimacy is not straightforward, but contingent, and by explaining how organizational actors manage the legitimacy dilemma brought about by that contingency.
This chapter describes the WTO dispute settlement system, focusing on its structure, procedures, and recent challenges. The WTO system, established in 1995, was a significant innovation in international trade law, featuring mandatory jurisdiction and a detailed set of rules in the Dispute Settlement Understanding (DSU). It aimed to ensure adherence to WTO commitments and provide predictability to the trading system.However, recent US concerns over the Appellate Body’s functioning led to blocked appointments, rendering the Appellate Body defunct and the system non-binding. This crisis has led to the exploration of alternative mechanisms like the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) and increased reliance on regional trade agreement dispute settlement mechanisms.
Edited by
Daniel Naurin, University of Oslo,Urška Šadl, European University Institute, Florence,Jan Zglinski, London School of Economics and Political Science
This chapter demonstrates the divergence between textbook conceptions of the European Commission as the ‘Guardian of the Treaties’ and empirical practice by investigating developments in the centralised enforcement of EU law – that is, in the Commission’s use of the infringement procedure. Since the Barroso II Commission, the number of infringement files that the Commission has decided to refer to the CJEU has declined drastically. The chapter explores potential origins of this development and focuses on the consequences. It shows that the Commission has primarily reduced its enforcement action vis-à-vis the ‘old’ fifteen Member States. Previous ‘usual suspects’ such as Italy and Spain are now no longer discernible. Moreover, from a previous focus on the internal market, taxation, mobility and transport, and the environment, only the latter remains a substantive priority. The internal market, in particular, has gone from priority to afterthought in centralised enforcement.
Sophie Legros1 is an ESRC Postdoctoral Fellow at the Department of Methodology of the London School of Economics and Political Science (LSE). She holds a PhD from the Department of International Development at the LSE. Her research explores changes in social norms shaping work, care and security in gang-controlled neighbourhoods in Medellín, Colombia, and the methods best suited to capture those dynamics.
If change is the only constant, how does the law keep pace with technology? Without a centralized judiciary, international law should be especially susceptible to disruption, yet it can be remarkably resilient in practice. I argue that efforts to minimize legal ambiguity, long seen as integral to compliance, can hinder its application to new technologies. Drawing on first principles from psycholinguistics, my theory differentiates between what I call convergent and divergent forms of flexibility. Unlike divergent flexibility, which gives rise to contestation, convergent flexibility tends to promote consensus, even when (1) technology is unprecedented and (2) regulatory interests sharply diverge. To test the theory, $450$ trained legal professionals were commissioned to take part in a randomized controlled trial (RCT) that varied technological novelty, legal precision, and political incentives. Participants collectively contributed 280,000 words over 10,000 hours in defense of their professional legal opinions, offering a novel (agent-subjective) measure of compliance. To establish external validity, the experiment is complemented with research into the legal impact of two breakthrough chemical weapons technologies: “super tear gas” and novichok. The findings contribute a general theoretical framework for understanding when and why emerging technologies are legally disruptive.
This chapter adopts a state-centered approach to compliance by examining how the Turkish and UK governments responded to ECtHR rulings on trade union rights. While both states enacted structural reforms to align with ECtHR judgments, the chapter shows that, upon closer inspection, these measures often prove partial and superficial. In Turkey, persistent strike bans, a collective bargaining system that privileges a government-aligned union, and violent repression of union activity indicate deep structural resistance to labor rights. In the UK, compliance took the form of narrow legal adjustments that reflect an instrumental approach rather than an absence of legal capacity. When evaluated solely by formal state responses, ECtHR rulings offer limited leverage for meaningful reform, confirming the pessimism of realist and critical scholars. Yet the chapter also shows that some of the most effective changes occurred before the Court issued its final ruling, suggesting that international law gains traction when combined with grassroots mobilization. In highlighting the limitations of a compliance-oriented perspective, the chapter sets the stage for the next two chapters, which explore how labor activists engage international human rights law not merely as a legal tool, but as part of broader campaigns for justice, recognition, and institutional change.
This paper explores how unrecognised separatist entities in Eurasia – de facto regimes such as Transnistria, South Ossetia, Abkhazia, Nagorno-Karabakh, and the Donetsk and Luhansk People’s Republics – engage with international law. It examines whether, and to what extent, these regimes comply with international law, analysing court decisions and legislation to move beyond simplistic views of non-recognition or assumed legality. The findings reveal that de facto regimes tend to mirror the international law approaches of the states they are most closely connected to – whether the territorial state (e.g. Ukraine) or an outside state exercising effective control over the entity (e.g. Russia or Armenia). This pattern is explained by the theory of “acculturation to statehood”: through sustained legal and institutional interaction, these regimes internalise and replicate the legal systems of their reference states. The study contributes to a more nuanced understanding of the role of de facto regimes in the international legal order.
Comment les professionnels du droit et de la médecine construisent-ils, au tribunal, le statut légal et l’état mental des patients, et comment ces derniers participent-ils à ces constructions? Cet article s’appuie sur l’analyse de 300 audiences à Paris et à New York, au cours desquelles des personnes hospitalisées sans consentement demandent leur sortie. Dans les deux villes, les tribunaux rejettent la grande majorité des requêtes. Ils le font en mobilisant, selon des modalités propres à chaque système, des répertoires juridiques et des capacités de contrôle qui transforment les patients en différents types de sujets utilisables: des personnes dont les droits sont formellement pris en compte à l’audience, mais qui sont néanmoins classées comme nécessitant les interventions sans consentement que la psychiatrie a les moyens d’assurer. À Paris, les professionnels du droit insistent sur les garanties procédurales tout en s’en remettant aux évaluations médicales du consentement des patients, entendu comme une disposition sous-jacente à accepter un traitement au long cours. À New York, les avocats contestent plus directement l’expertise psychiatrique, mais négocient avec médecins et patients autour de la compliance, comprise comme une acceptation de court terme de la médication. L’article propose ainsi de déplacer le regard des figures de sujets autonomes que les dispositifs médico-légaux et sociaux hybrides prétendent produire vers des formes plus contingentes et situées de sujets utilisables, qui rendent possible la coopération professionnelle et le traitement institutionnel dans un contexte de ressources limitées et d’extension des droits des patients.
Academic research institutions using REDCap often face challenges aligning with U.S. FDA requirements for electronic records and signatures under 21 CFR Part 11 (Part 11). A National Center for Advancing Translational Sciences(NCATS) working group developed an implementation guide for Part 11 compliance in REDCap. Within six months after release, 259 individuals representing 164 institutions accessed the guide. Individuals who downloaded the guide reported reduced vendor reliance, improved documentation, and establishment Part 11-ready REDCap instances. This working group demonstrated how collaboration between technical and regulatory experts at many peer institutions is effective in improving regulatory compliance across the research enterprise.